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Mungai v. Republic

(1984) JELR 98828 (CA)

Court of Appeal  •  Criminal Appeal 84 of 1984  •  13 Dec 1984  •  Kenya

Coram
James Onyiego Nyarangi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

( Coram:Kneller, Hancox JJA and Nyarangi Ag JA )

CRIMINAL APPEAL 84 OF 1984

BETWEEN

MUNGAI................................................................APPELLANT

AND

REPUBLIC.........................................................RESPONDENT

(Appeal from the High Court at Nairobi, Porter J)

JUDGMENT

In the early hours of December 3, 1983, the appellant visited his girl friend, Christine Wahu, in her house at Riruta at about 2.00 am for the purpose of spending the remainder of the night there. Although he had three wives, he had been on close terms with Christine for many years and they had a daughter, Pascalina Waithira. At about 4.30 am, they were violently awakened by the deceased, Francis Mathai Maina, who had also had a relationship with Christine which was said to have ended in 1980. He was admitted by Christine in the mistaken belief that it was her brother who was frequently drunk and whom she hoped to quieten, and demanded to know if her husband was t…

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